Nilamabar Bedeya & Ors vs Most Birshi Devi & Ors
2023 Latest Caselaw 2751 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 177 of 2015
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Nilamabar Bedeya & Ors. .... .... .... Appellants Versus Most Birshi Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Vibhor Mayank, Advocate

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Order No.07 Dated- 09.08.2023 Heard the parties.

This appeal will be heard on the following substantial question of law:-

(i) Whether the learned first appellate court has committed a perversity by observing in paragraph no.15 at page no. 20 of the certified copy of the impugned judgment that there is no averment in the plaint or any evidence adduced by the plaintiff which could show jointness amongst the parties at any point of time though there is specific pleading of joint cultivating possession of the plaintiff as mentioned in paragraph no.2 at page no.3 of the said judgment and revisional survey record of right which has been marked Ext. 1 shows that the record of right was prepared jointly in the name of ancestor of the plaintiff?

Call for the Lower Court Records.

The appellants are directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within three weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondents.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)